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Insurance

  • May 16, 2018

    Democratic AGs Can Fight Latest Anti-ACA Suit, Judge Says

    A squadron of Democratic attorneys general can swoop into a new, Republican-backed legal challenge to the Affordable Care Act’s constitutionality and fight the case, a Texas federal judge ruled Wednesday.

  • May 16, 2018

    Lloyd's Says It's Eyeing Cyber Windfall Thanks To GDPR

    Lloyd’s of London is ready for the formidable European Union data protection rules that go live next week and is anticipating a surge of business as companies rush to buy cyber insurance, the market’s chief executive told Law360 in an exclusive interview on Wednesday.

  • May 15, 2018

    4th Circ. Upholds Cigna Victory Over Unpaid Benefits

    The Fourth Circuit affirmed a quick win Tuesday for Cigna Corp. in a proposed class action brought by a widow who accused the insurer and a subsidiary of skimping on a fuel pricing service worker’s life insurance payout, rejecting claims that the companies breached their fiduciary duty.

  • May 15, 2018

    Insurer Says It Was Pulled In Too Late In Injured Worker's Suit

    Motorists Mutual Insurance Co. asked a Pennsylvania federal court on Tuesday to end residential builder NVR Inc.'s lawsuit seeking coverage for litigation tied to a propane heater explosion that injured a construction worker, saying it should not be obligated to provide coverage for a settlement it did not negotiate.

  • May 15, 2018

    Heavy Equipment Co. Can't Sue Over Lease Losses: 5th Circ.

    The Fifth Circuit on Tuesday said a construction equipment provider cannot sue the insurer of a company that leased several pieces of equipment before filing for bankruptcy, saying the company does not have standing because it was not a party to the insurance contract.

  • May 15, 2018

    Blue Cross Denied Appeal In Suit Over $40M Hospital Deal

    A Rhode Island federal judge on Tuesday refused to let Blue Cross & Blue Shield of Rhode Island immediately appeal a ruling forcing it to face Steward Health Care System’s antitrust suit alleging that the insurer sank a $40 million hospital purchase to keep Steward out of the state.

  • May 15, 2018

    11th Circ. Won't Rethink Ruling In Contractor Fall Fight

    An Eleventh Circuit panel refused Tuesday to reconsider its ruling that a roofing company sales representative who allegedly did not properly inspect a roof before a contractor fell through it and became paralyzed was an employee and is therefore covered by a Houston Specialty Insurance policy.

  • May 15, 2018

    Ex-Mutual Benefits Atty Says Co. Wasn't A Ponzi Scheme

    Mutual Benefits Corp.’s former outside counsel asked the Eleventh Circuit on Tuesday to overturn his 10-year prison sentence for his role in a massive insurance scam, arguing that the prosecution’s framing of the business as a Ponzi scheme was completely wrong.

  • May 15, 2018

    CVS Seeks Exit From Proposed HIV Privacy Class Action

    CVS on Monday sought to exit a proposed class action alleging the health and privacy of HIV/AIDS patients are threatened by a program that requires them to get their specialty medication only at a CVS pharmacy or by mail order, telling a California federal judge the whole complaint was “defective.”

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Yahoo Not Covered In TCPA Suits, AIG Tells 9th Circ.

    An AIG insurer on Monday urged the Ninth Circuit to uphold a California federal court’s ruling that the insurer owes Yahoo no defense in several Telephone Consumer Protection Act lawsuits, saying the lower court properly applied case law in finding that the underlying actions did not allege a potentially covered privacy violation.

  • May 15, 2018

    9th Circ. Set To Weigh Fraud Coverage In Office Depot Row

    The Ninth Circuit will hear arguments Wednesday over whether a California law precluding coverage for willful acts means an AIG unit does not have to cover Office Depot’s defense and settlement costs in a suit alleging it overbilled public agencies, in a case that could have a broad impact on the availability of insurance for fraud-based claims.

  • May 14, 2018

    Schiff Hardin Must Face Malpractice Suit, 5th Circ. Told

    Ironshore Europe DAC asked the Fifth Circuit on Monday to allow it to go forward with its claim Schiff Hardin LLP's bad advice about a product liability trial cost it $34 million, saying the law firm is liable under Texas law.

  • May 14, 2018

    Morgan Lewis Picks Up DOJ Health Care Antitrust Atty

    Morgan Lewis & Bockius LLP has hired the U.S. Department of Justice's former antitrust leader for health care, who played key roles in last year’s back-to-back challenges of the Aetna-Humana merger and the Anthem-Cigna merger, the firm announced Monday.

  • May 14, 2018

    Hospital Workers Urge Deal In 'Church Plan' Suit, $1.2M Fees

    Attorneys leading a class of hospital workers accusing Advocate Healthcare Network of improperly classifying its pension plan as a “church plan” asked an Illinois federal judge Friday to grant final approval to a proposed deal that would resolve the dispute and award them up to $1.25 million in legal fees.

  • May 14, 2018

    Jones Day Shorted Worker's Disability Benefits, Suit Says

    A former Jones Day employee accused the firm and an insurer in a lawsuit filed in Tennessee federal court Monday of improperly cutting off her short-term disability benefits and denying her other coverage.

  • May 14, 2018

    5th Circ. Revives Atty's Bad Faith Claims In Coverage Row

    The Fifth Circuit has revived a Texas attorney's claims that her insurer acted in bad faith by refusing to pay defense costs in litigation with a former client, ordering a trial judge to review the alleged violations of the state insurance code in light of a recent Texas Supreme Court ruling.

  • May 14, 2018

    Atty's Guide To Construction Professional Liability Coverage

    Architects and engineers working on a construction project can face substantial liability if they make design errors or other missteps that lead to building delays, property damage or injuries, so design firms would be wise to have counsel help them obtain a robust professional liability insurance policy to protect against those risks.

  • May 14, 2018

    Reinsurers Accuse Russian Firm Of Fraud In UK Court

    Nineteen reinsurance companies have denied owing millions of dollars to Kapital Insurance over a plane crash that killed 45 passengers, alleging at the High Court in London that the Russian company may have secured previous judgments against them through corruption and fraud.

  • May 11, 2018

    NRA Sues Cuomo, NY Regulator For 'Discrimination Campaign'

    The National Rifle Association sued New York Gov. Andrew Cuomo and the state’s top financial regulator on Friday, seeking millions of dollars in damages for what it alleges has been an “overt viewpoint-based discrimination campaign” that is scaring off the gun rights organization’s business partners and threatening its First Amendment rights.

Expert Analysis

  • Calif. Department Of Insurance Approval Is No Silver Bullet

    Shawn Hanson

    The California Supreme Court's recent opinion in Heckart v. A-1 shows that an informal opinion from the California Department of Insurance may not be honored by the department itself, and there is no guarantee that California courts will defer to it either, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • For Some Insurance Claims, Plain Language Isn’t Enough

    Robert Helfand

    Sometimes words with multiple definitions can cause interpretive problems for an insurance policy. One solution is the define-by-association approach, which was used in Kostin v. Pacific recently to determine whether a bankruptcy trustee's action to avoid a transfer of funds can qualify as a claim for personal injury, says Robert Helfand of Pullman & Comley LLC.

  • 9th Circ. Assesses Insurance For Social Engineering Scams

    Robert MacAneney

    This month, the Ninth Circuit affirmed in Aqua Star v. Travelers that insurance coverage for business email compromise schemes was precluded by an exclusion. Companies should inquire specifically about coverage for such schemes, and insurers should consider establishing sublimits to provide clarity to insureds, say J. Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Insurance Type Can Affect Choice Of Law Analysis In Del.

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    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Texas Insurers Should Prepare For Unexpected Floods

    Shannon O'Malley

    Because Texas floodplain maps have recently been demonstrated to be unreliable, insurers should not rely exclusively upon these designations in underwriting risks. Instead, insurers should reassess the risk for flooding in areas known to have heavy rainfall records, heavy development, aged infrastructure systems and unexpected flood losses, says Shannon O'Malley of Zelle LLP.

  • New TCJA Reporting Rules For Life Settlement Transactions

    Brian Casey

    Investors who acquire in-force life insurance policies in the secondary trading market and life insurers paying death benefits for secondary life insurance market policies must understand the Tax Cuts and Jobs Act's new Internal Revenue Service informational reporting requirements, say attorneys with Locke Lord LLP.